Assisting thousands of asbestos exposure victims in the Philadelphia metro area since 1983

Mesothelioma is a rare form of cancer only caused by exposure to asbestos. There are approximately 3,200 new cases of mesothelioma diagnosed each year in the United States. We can help you find the appropriate medical care for your mesothelioma, as well as obtain the substantial money compensation you deserve.

Asbestos exposure is the second leading cause of lung cancer in the United States. Even though you may have been a cigarette smoker, your lung cancer may also have been caused by exposure to asbestos. We can help you determine whether your lung cancer may have been caused by exposure to asbestos.

Approximately 8,500 individuals in the United States develop larynx cancer each year, and many of these cancers are caused by exposure to asbestos. We can help you find the right the medical care for your cancer, and obtain substantial compensation for your cancer.

The link between cancer of the esophagus and asbestos exposure has been known for many decades. Studies indicate that exposure to asbestos increases the risk of esophageal cancer upwards of five times. We can help you get the proper medical treatment, and hold those responsible for your cancer.

Colon cancer was first linked to asbestos exposure back in the 1960s. Colon cancer victims are entitled to substantial monetary compensation. We can help you obtain that compensation, along with the medical care you need.

Exposure to asbestos causes two major types of non-cancerous diseases: Pulmonary asbestosis and asbestos-related pleural disease. These conditions can cause severe lung and breathing problems. Substantial compensation is still available for these diseases, and we can help you obtain the compensation you deserve.

Pennsylvania Mesothelioma Case Could Pave the Way for Employee Lawsuits

The Pennsylvania Supreme Court recently issued a decision that could increase employers’ risk of new lawsuits from former employees exposed to asbestos who later developed mesothelioma.

The decision in Tooey v. AK Steel Corp. addressed the question of whether the Commonwealth’s Workers’ Compensation Act (or WCA) applies to occupational diseases that do not show symptoms until 300 weeks after the worker’s employment is terminated. Occupational disease claims typically remain within the scope of the WCA law, but because mesothelioma often takes years to develop, plaintiffs argued that the limitation of 300 weeks should not apply to these claims.

John Tooey sold industrial asbestos products for nearly 20 years. Although his job at AK Steel Corp. ended in 1982, he developed mesothelioma in 2007 and died several months later. His heir, along with the heirs of several additional plaintiffs whose cases were very similar, filed tort actions against their previous employers. The employers claimed that the plaintiffs could only pursue workers’ compensation benefits as their remedy, but also admitted that these benefits would not be made available due to the WCA’s 300-week rule.

The Pennsylvania Supreme Court ultimately rejected the arguments of the employers and sided with the plaintiffs after conducting an analysis that focused primarily on the grammatical wording of the 300-week rule.

In addition to closely interpreting the act’s language, the court also stated that the WCA’s overarching purpose is to provide assistance to injured or sick workers, which would not be possible if the employers’ suggested interpretation had been accepted.

The Tooey case has demonstrated a rare exception in workers’ compensation law — one that may set the standard for future employment-related mesothelioma lawsuits. Currently, the possibility is being discussed that the ruling might be applied retroactively to mesothelioma claims settled years ago.

If you or someone you know has developed mesothelioma after being exposed to asbestos on the job, you may be able to seek damages. Speak with an experienced Philadelphia personal injury lawyer to learn more.

NCB is licensed to practice law in the Commonwealth of PA & NJ. NCB is not licensed in the state of DE.

Nass Cancelliere Brenner is located in Philadelphia, PA, Media, PA, and Westmont, NJ, and serves clients who live throughout the entire states of Pennsylvania, New Jersey, and Delaware.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]